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Parkchester South Condominium, Inc. ex rel. Unit Owners of Parkchester South Condominium v. Pickett
Citations: 209 A.D.2d 291; 619 N.Y.S.2d 543
Court: Appellate Division of the Supreme Court of the State of New York; November 16, 1994; New York; State Appellate Court
The appeal from the order issued by the Supreme Court of Bronx County on September 29, 1993, which denied the defendants' motion for an ex parte order to show cause and a temporary restraining order, has been unanimously dismissed without costs. The appellate court determined that the lower court's refusal to issue an ex parte stay is not subject to appeal, citing Pastore v Boone, 127 AD2d 872. Furthermore, although the appellate court did not need to address the merits, it noted that the judge acted within his discretion in denying the ex parte order to show cause, as most of the issues presented had already been resolved by this Court, referencing Parkchester S. Condominium v Pickett, 189 AD2d 688 [1993]. The decision was concurred by Justices Sullivan, Wallach, Ross, Rubin, and Williams.